3.68: Court options to deal with significant deficiencies

Case Summary

One of the Defendants applied to have the Action struck as against all of the Defendants in the Action. The claim was for pain and suffering caused by physical and mental torture. In applying Rule 3.68(1), Master Smart stated that “I am to assume that the facts pled in the Statement of Claim are true”. Further, Master Smart stated that the claim should not be struck simply because the liability to the Plaintiff would be novel or dubious. Instead, it should only be struck if it is plain and obvious that the claim discloses no cause of action. However, Master Smart also clarified that:

…[while] material facts must be taken as true, the court is not obliged to assume the correctness of patently ridiculous allegations, those based on wild speculation and assumptions or are “only language, not reality”.

The Application was granted and the Action was dismissed as against all Defendants.

View CanLII Details